Taxi Driver and Taxi Operator Class Action

Retainer Agreement and Funding Agreement

On signing the Retainer Agreement at Part A hereof each Registered Class Action Member hereby jointly and severally agree to retain The People’s Solicitors as the Legal Service Provider for the Taxi Driver Class Action.

On signing the Funding Agreement at Part B hereof each Registered Class Action Member hereby jointly and severally accept and agree to the terms and conditions of the Funding Agreement.

ELECTRONIC EXECUTION:

The Part A Retainer Agreement and Part B Funding Agreement are to be executed by clicking on the “I accept” button as directed on The Peoples Solicitors website.

CONTENT

Part A: Retainer and Costs Agreement with The People’s Solicitors………………………………………………………………Page 2

Part B: Litigation Funding Agreement……………..…………….Page 14

Part C: Definitions for Part A and Part B Agreements…………Page 21

Part A - Retainer Agreement

PARTIES

The Peoples Solicitors Pty Limited 321 South Dowling Street, Darlinghurst, NSW 2010 hereinafter referred to as The Peoples Solicitors.

AND

[ ] hereinafter referred to as a Registered Class Action Member or the Member.

1.Scope of Work

1.1 This Retainer is strictly limited to the Claim against Cabcharge Australia Limited (Cabcharge) and any associated entities named as Respondents in the Statement of Claim and does not extend to other possible claims against other parties or entities. This Retainer Agreement does not impose any obligation on The People’s Solicitors to provide any legal service to the Member other than in relation to the claim known as The Taxi Drivers Class Action.

2.Payment for The People’s Solicitors legal services

2.1 All legal fees, costs, or disbursements incurred by or on behalf of the Member and approved by LH will be paid by LH in accordance with the Funding Agreement.

2.2 The Member agrees that The People’s Solicitors will render to LH bills for Legal Work and disbursements on a monthly basis, and to require that LH will pay each bill on the Member's behalf pursuant to the Funding Agreement within 30 days of its delivery, subject to any disputes regarding the bill pursuant to clause 17.

2.3 The Member agrees pursuant to the Funding Agreement that any bill for Legal Work and disbursements incurred prior to the Date of Commencement and referred to in clause 11 of this Retainer will be paid from Gross Claim Proceeds.

2.4 Charges for the reasonable Legal Work carried out by The People’s Solicitors will be calculated in accordance with the standard hourly rates of The People’s Solicitors specified in this clause. The People’s Solicitors will charge for professional fees:

(a) an hourly rate of :$450.00 (plus 10% GST) for a senior solicitor.

(b) an hourly rate of :$300.00 (plus 10% GST) for a junior solicitor.

(c) an hourly rate of :$150.00 (plus 10% GST) for a para-legal.

(d) travelling time at the rate of :$150.00 (plus 10% GST).

These rates will be proportionately charged for work involving shorter periods less than an hour. Charges are structured in 6 minutes units. For example, the time charged for an attendance of up to 6minutes will be 1 unit and the time charged for an attendance between 6 and 12 minutes will be 2 units.

The People’s Solicitors will charge for disbursements including photocopying, fees such as search fees, filing fees, barristers' fees, other enquiry fees, the costs of witnesses, expert reports and other evidence, transcript, travel and other outlays as they are incurred from time to time.

3.Acceptance of Offer

3.1 If you accept this offer you will be regarded as having entered into a costs

agreement. This means you will be bound by the terms and conditions set out in

this document. Acceptance may be by any one of the following ways:

  • signing and returning a copy of this document;
  • clicking the acceptance button on the bottom of this webpage.

4.Member’s authorities and obligations

4.1 The Member authorises and directs The People’s Solicitors:

(a) to fulfil each of its obligations to LH as set out in this Retainer Agreement;

(b) to conduct the Proceedings as a Class Action;

(c)to carry out legal discovery, subpoena and production of any material relating to the Class Action.

(dc) to take and act upon day-to-day instructions from LH as to the conduct of the Legal Proceedings, however in relation to the Member's Individual Work the Member may over-ride any instruction given by LH by giving instructions directly to The People’s Solicitors in which case the Member shall be liable for payment of the costs associated with any such instructions;

(ed) to take and act upon instructions from the Registered Class Action Member unless in The People’s Solicitor’s reasonable professional opinion specific instructions are required from each Funded Person affected by the matter; and

(fe) to do anything reasonable and proper to facilitate the effective performance of theFunding Agreement according to its terms.

5.Confidentiality

5.1 Due to the special nature of the Class Action, namely that the Claim of each

Registered Class Action Member and the progress of the Taxi Drivers Class Action may be affected by the actions of one Registered Class Action Member or the Applicant and The People’s Solicitors agree that strict compliance in accordance with this clause is required to maintain the confidentiality of information provided to the Applicant and to Registered Class Action Members in relation to the Legal Proceedings.

5.2 The People’s Solicitor undertakes to ensure all information, communication or documents provided to it at any time by The People’s Solicitors, its officers, servants or agents in relation to the Taxi Drivers Class Action is and will be treated as, confidential information within the meaning of equity and "confidential communications" or "confidential documents" within the meaning of Part 3.10 of the Evidence Act 1995 (Cth) and is subject to joint interest privilege that the Member is not at liberty to waive. The Member agrees that this is a continuing obligation and will survive the termination of this Retainer Agreement. The Member agrees not to attempt to adduce evidence of any such information, communications or documents without the express written authority of The People’s Solicitors.

5.3 The obligation in this clause is a continuing obligation and survives any Termination of this Retainer Agreement and the Member agrees not to attempt to adduce evidence of any such information, communications or documents without the express written authority of The People’s Solicitors.

5.4 The Member must:

(a) provide full and honest instructions;

(b) cooperate in the preparation of the Claim and do all that The People’s Solicitors reasonably asks;

(c) inform The People’s Solicitors promptly of any changes to the Member's address, e-mail address, phone number or name; and

(d) not discuss any aspect of the Claims, the Legal Proceedings or related issues with the media without the prior approval of The People’s Solicitors.

If there is a breach of any of these obligations, The People’s Solicitors may terminate this Retainer Agreement forthwith.

6Termination of Retainer Agreement

6.1 This Retainer Agreement may be terminated:

(a) By The People’s Solicitors:

(i) pursuant to clause 5 above;

(ii) upon 7 days written notice to the Member, if LH fails to pay any costs or disbursements in accordance with this Retainer Agreement or the Funding Agreement;

(iii) upon 7 days written notice to the Member, if there is a notice of termination of the Funding Agreement;

(iv) ceasing to be the Legal Service Provider agreed to by LH and the Member in the Legal Proceedings;

(v) if the Member terminates the Funding Agreement;

(vi) upon 7 days written notice to the Member at its sole discretion;

(b) By the Registered Class Action Member:

(i) by filing a Notice of Opting Out of the Taxi Drivers Class Action;

(ii) if there is a Settlement that relates to the Registered Class Action Member, by the Registered Class Action Member being removed from the effect of the Settlement;

(iii) effecting a Settlement other than through the Taxi Drivers Class Action;

by termination of the appointment of The People’s Solicitors by LH on behalf of the Registered Class Action Member pursuant to the LH Funding Agreement;

(c)By the Applicant:

(i) by agreement with The People’s Solicitors; or

(ii) upon 7 days written notice to The People’s Solicitors.

6.2 In the event of a termination The People’s Solicitors shall remain entitled to payment of fees and disbursements for work performed from the Date of Commencement up to the effective date of termination.

6.3 The Member agrees that it will notify The People’s Solicitors if it takes any of the steps set out in this clause.

6.4 The Member irrevocably agrees that The People’s Solicitors shall notify LH of any Notice of Opting Out or other Termination of this Retainer Agreement by or on behalf of the Applicant or the Member.

6.5 The Member agrees, at The People’s Solicitor’s expense, to take all reasonable steps to recover any outstanding costs payable to The People’s Solicitors by LH under the Funding Agreement.

7.Privacy Protection

7.1 Personal information about the Member, provided by the Member or by other sources, is protected under the Privacy Amendment (Private Sector) Act 2000. Disclosure of such information may be compelled by law (eg. under the Social Security Act). The Member also authorise The Peoples Solicitors to disclose such information where necessary to others in furtherance of the Claim (eg. within the law practice, to the Court, the other party or parties to litigation, to valuers, experts, barristers etc).

8.GST

8.1 All rates, charges, expenses etc in this document are GST exclusive unless otherwise stated. Where the service provided is subject to GST, GST of 10% will be added.

9.Estimate of Costs

An updated estimate based on the information available to The Peoples Solicitors to date will be available on request.

10.AdverseCosts Orders

10.1 A court can, and usually will, make a Adverse Costs Order in favour of a successful party to litigation against the unsuccessful party or parties. If a Adverse Costs Order is made against the Registered Class Action Member in the Legal Proceedings LH has undertaken to pay any such Adverse Costs Order pursuant to the Funding Agreement.

10.2 The Registered Class Action Member acknowledges that, if a Costs Order is made in favour of the Registered Class Action Member in the Legal Proceedings, the amount that the Registered Class Action Member recovers from the Respondents in respect of such Costs Order will not necessarily cover the whole of, and may be considerably less than, the total amount of the legal costs and disbursements payable under the terms of this Retainer Agreement. The People’s Solicitors estimates that the amount which the Registered Class Action Member would recover from the Respondents in respect of such a Costs Order would be between 50% and 60% of the total legal costs and disbursements payable under the terms of this Retainer. Under the Funding Agreement any costs recovered from the Respondents form part of the Gross Resolution Sum for the purposes of calculating the Indemnity Fee payable to LH in accordance with the terms of the Funding Agreement.

11.Billing arrangements and Commencement Date

Billing Arrangements

11.1 A copy of each bill delivered by The People’s Solicitors to LH pursuant to this Retainer Agreement will be available for inspection by the Registered Class Action Member at the offices of The People’s Solicitors.

11.2 The Registered Class Action Member acknowledges that:

(a) disclosure of information contained in each bill may offer strategic or tactical advantages to Respondent;

(b) the whole of the information contained in each bill will be treated by the Registered Class Action Member as strictly confidential;

(c) the Registered Class Action Member will not disclose information contained in any bill to any other person save for the legal or financial advisors of the Registered Class Action Member for the purpose of obtaining legal or financial advice;

(d) the Registered Class Action Member hereby irrevocably consents to the making of orders restraining the Registered Class Action Member from disclosing information contained in any bill to any person.

11.3 The Legal Profession Act (NSW) gives the Registered Class Action Member the right to apply to the Supreme Court of NSW to have the bill of costs assessed for fairness and reasonableness by a Costs Assessor, or to apply to a Costs Assessor to have a costs agreement set aside on the basis that the costs agreement is not fair, just or reasonable, or to refer a costs dispute to mediation. An application for assessment must be done within 60 days after:

(a) receipt of the bill of costs; or

(b) a request for payment of the costs was made by The People’s Solicitors; or

(c) the costs were paid in full;

whichever is the earliest.

11.4 The Registered Class Action Member is entitled to request, at reasonable intervals, a written report of the progress of the Legal Proceedings, and/or a written report of the legal costs incurred in the prosecution of the Claim to date, or since the last bill.

11.5 The People’s Solicitors and the Registered Class Action Member agree that any right or entitlement of the Registered Class Action Member described in this clause may be exercised by LH on behalf of the Registered Class Action Member.

Commencement Date

11.6 The liability for payment of The Peoples Solicitors costs in terms of this Retainer Agreement shall commence on the date agreed between The Peoples Solicitors and LH. The Peoples Solicitors will be reimbursed from the gross Resolution Sum for Costs incurred between the 10th December 2010 and the commencement date as agreed with LH.

12Interest

12.1 Once The People’s Solicitors have issued a bill of costs, if the bill remains unpaid for 30 days after issue The People’s Solicitors may charge interest on the unpaid amount of the bill of costs at a rate that is equal to the Cash Rate Target, as fixed by the Reserve Bank of Australia, plus 2%, from the period beginning 30 days after the date the bill is delivered by The People’s Solicitors.

13Settlement and Settlement Negotiations

13.1 The Registered Class Action Member acknowledges and agrees that Settlement of the Legal Proceedings may be negotiated by The People’s Solicitors acting on instructions from the Registered Class Action Member, subject to the consent of LH in accordance with the Funding Agreement and Part IVA of the Federal Court of Australia Act 1976 (Cth) governing the settlement of Class Actions.

14Authority to receive and apply Gross Resolution Sum

14.1 The People’s Solicitors is authorised to receive any Gross Resolution Sum on behalf of the Registered Class Action Member and upon receipt, immediately to pay the Gross Resolution Sum into an account kept for that purpose and disburse the Gross Resolution Sum in accordance with the Funding Agreement and this Retainer Agreement.

15Authorisations and directions by the Member to The People’s Solicitors regarding LH

15.1 The People’s Solicitors will:

(a) act consistently with the terms of the LH Funding Agreement; and

(b) do all things which the Funding Agreement contemplates that The People’s Solicitors will do.

16 Reporting

16.1 The People’s Solicitors will inform LH in writing of:

(a) the names of the lawyers who it is proposed will provide the Legal Work, including any lawyers employed by law practices retained under clause R;

(b) the hourly rates of those lawyers (inclusive of GST);

(c) the hourly and daily rates of barristers retained or proposed to be retained (inclusive of GST);

(d) its estimate of fees and disbursements to prosecute the Claims (separately identifying the estimated fees of The People’s Solicitors, the barristers and the experts if any, by reference to each event in the proceedings) as soon as reasonably practicable.

16.2 The People’s Solicitors will keep LH fully informed of all matters concerning the Claims and the Proceedings, including any mediation and settlement discussions, and will provide all necessary information and advice in order to facilitate LH’s provision of informed instructions and to enable it to manage the prosecution of the Claim and the Legal Proceedings generally on behalf of the Registered Class Action Member.

16.3 If, after the Date of Commencement, The People’s Solicitors become aware of any information which has or may have a material impact on the Claims, the Proceedings, or the potential for any judgment sum to be recovered, The People’s Solicitors will immediately inform LH of that information.

16.4 Unless otherwise agreed in writing, The People’s Solicitors will provide a quarterly report, at the end of March, June, September and December to LH which:

(a) identifies any change to the previous quarterly report and any significant developments;

(b) reviews the issues relevant to liability and quantum; and

(c) provides advice in respect of any proposed changes to the merits of the Claim or the prospects of success.

17 Costs and Disbursements

Legal Work

17.1 The People’s Solicitors will charge for the Legal Work provided by reference to the time reasonably and properly spent at the hourly rates. Detailed time records must be kept to facilitate time details being provided in accordance with this clause. The People’s Solicitors will charge for disbursements reasonably and properly incurred for the sole purpose of the Legal Proceedings at the amounts paid for such disbursements.

17.2 No fee will be charged by The People’s Solicitors other than in accordance with the Budget approved by LH or for any fee earners, other than those notified to LH, without the prior written consent of LH. LH will not be liable to pay the fees of any barristers, experts or law practices retained other than those notified to LH pursuant to this clause or those briefed or retained with LH’s written consent.

17.3 The People’s Solicitors will provide LH with a period of 30 days from the delivery of any bill to dispute whether this time was reasonably and properly spent or the disbursements reasonably incurred. After this period has elapsed, LH will be taken to have accepted that the time and disbursements were reasonable and proper.

17.4 If a dispute arises between LH and The People’s Solicitors relating to whether any time spent was reasonably and properly spent or disbursements were reasonably incurred by The People’s Solicitors and such a dispute cannot be resolved between LH and The People’s Solicitors, such dispute shall be referred to senior counsel in the proceedings, or if he or she is not available to another senior member of counsel whom he or she nominates, for resolution. The People’s Solicitors agrees to accept the decision of senior counsel or his or her nominee in relation to any such dispute as final and binding, provided that LH also agrees to the same. The People’s Solicitors will reissue to LH any statement provided pursuant to this clause, if it requires revision in light of any decision pursuant to this clause. LH and The People’s Solicitors will bear the costs of any such referral on an equal basis.